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HomeMy WebLinkAboutOrdinance 90- 1319, Amends §§ 2.28.030 and 2.28.040, city judge i . .; i . ORDINANCE NO. 1319 AN ORDINANCE OF THE CITY COMMISSION OF BOZEMAN, MONTANA, AMENDING ORDINANCE NO. 1130, AS CODIFIED IN SECTION 2.28.030 OF THE BOZEMAN MUNICIPAL CODE, CHANGING THE QUALIFICATIONS FOR CITY JUDGE, AND AS CODIFIED IN SECTION 2.28.040 OF THE BOZEMAN MUNICIPAL CODE, AMENDING THE CITY JUDGE'S SALARY Preamble The State of Montana has amended the state laws concerning the qualifications of the City Judge and the jurisdiction of the City Court. The purpose of these amendments is to reflect the requirements of state law as they pertain to the qualifications of the City Judge by removing the city residency requirement and deleting the requirement that the City Judge must be a licensed attorney and to change the i method of paying the City Judge's salary from an annual rate, to a daily rate. WHEREAS, in 1987, the Montana Legislature empowered the city court's to have concurrent jurisdiction with the justice of the peace court of all misdemeanors; and WHEREAS, in 1989, the Montana Legislature amended the minimum qualifications of city judge requiring the city judge at the time of his election or appointment to meet the qualifications of a justice of the peace, to be a resident of the county in which the city court is located and to satisfy any other qualifications prescribed by ordinance. NOW, THEREFORE, BE IT ORDAINED by the Bozeman City Commission that Ordinance No. 1130 as codified in Chapter 2.28 of the Bozeman Municipal Code be amended. Section 1 That Ordinance No. 1130 as codified by Section 2.28.030 of the Bozeman Municipal Code be amended with deletions being struck through and additions being underlined as follows: 2.28.030 Qualifications. AT Rea~~efte, Re~~~Feffieft~5T :kr A ~eFe&ft ~~~~ft~ ~&F e:kee~~eft eF he:k~~ft~ ~he e~~iee &~ g~~y ~~~~e ~e~ a ~eF~i&A e~ &~ ~ae whe~e &E afty 1 ;"1" . & i . ~e~m aRa~~ Be a eie~aeft &E eRe gft~~ea Seaeea eE Ame~~eaT S~eR ~e~a&ft saa~~ a:kse Raye eeA~~R~e~s~y afta ~R~Ree~F~~~ee~y ffia~ft~a~fte~ a aeffi~e~~e aR~ ~es~aeftee ~R ~Re S~a~e eE MeA~aRa EeF ewe ea~eAeaF ,eaFS ~F~eF ee E~~~ft~ EeF e~ee~~eR W~eR ~Ae ge~Rey G~eF~ aRe ReeeFeeFT ~T Aft a~~~~eaRe ~eF eRe ~ea~e~eR &~ b~ey ~~e~e m~ae7 ae ehe e~ffie eE E~~~ft~ EeF e~ee~~&RT Raye e&Re~ftae~s~y afta ~ft~fteeFF~~ee~~y ffia~AeaiAee a FeS~eeftee afta ~effiie~~e W~eaiR ehe eeF~e~aee ;~F~5~~ee~&fta~ ~~m~ea e~ eRe g~e, e~ BeaeffiaR EeF a ~eF~e~ eE eRe yeaFT ~r Afty ~eFaeft e~eeeee &F Re~~~R~ eRe e~E~ee e~ g~e, ~~~~e ffiaSe ma~ftea~ft a e&m~e~~e aR~ Fea~eeRee W~eR~A eRe e&F~&Fa~e ;~F~a~~e~eeA eE eRe bi~, e~ BeaemaR a~F~a~ eRe ee~ffi e€ e€~~eeT BTA~m~aa~eft ee BaFT -- Aft a~@~~eafte €eF eRe e€€~ee e€ ehe g~ey ;~~~e ffias~ Be aaffi~eee~ ee ~~aee~ee ~aw ~A ehe Sea~e eE Meft~afta EeE a peF~ee &~ ewe ea~eRaaF yeaFa ~~~e~ ee ~~~~ft~ EeE e~eee~eR w~eR ~Re Ge~Re, b~eF~ aRe Reee~eeFT ~ City Judge, at the time, of election ~ appointment shall have the following qualifications: ~ be ~ citizen of the United States; ~ be ~ qualified Montana elector; ~ meet the qualifications of ~ justice of the peace; ~ be ~ resident of Gallatin County; and ~ either be an attorney at law admitted to practice law in the State of Montana for ~ period of two ill years, or in the alternative, be ~ person who has been elected to serve as ~ judge and who has had at least five ill years of prior judicial experience. 2 ---- ~;': .? . .. ,:" . . . Section 2 - That Ordinance No. 1130 as codified by Section 2.28.040 of the Bozeman Municipal Code be amended with deletions being struck through and additions being underlined as follows: 2.28.040 Compensation and Expenses. ~Re aRR~a~ sa~aFY e~ eae e~~y ~~a~e saa~~ Be es~aB~~sRee B, eF~~ftaReeT The salary of the City Judge shall be paid monthly at a daily rate for each judicial day that the City Judge shall preside over ~ session of city court or attends required training sessions. The daily rate of compensation shall be determined ~ dividing the annual salary, as established ~ the annual salary ordinance of the City of Bozeman, ~ 260, representing the average number of working days in ~ year, which daily rate shall then be - multiplied ~ the number of days each month that the City Judge actually presides ~ city court ~ attends required training sessions. The City Judge shall be allowed eight ~ days of paid vacation annually, but such leave shall not accrue, Le. the - - - annual leave cannot be carried ~ for use in ~ subsequent year. The City Judge shall ~ be entitled to receive any compensation for the loss of such annual leave whether occasioned ~ failure to ----- take time off, ~ resignation, ~ recall or ~ failure to be re- elected. For purposes of participation in the City's group - -- health insurance program, this position shall be considered one- - - - half (1/2) time. In addition to the salary, the City Judge shall receive actual and necessary travel expenses in performing official duties as provided by state law. PROVISIONALLY PASSED, ADOPTED AND APPROVED by the City Commision of the City of Bozeman, Montana, this day of October, 1990. j(lkk ROBERT L. HAWKS Mayor ATTEST: ROBIN L. SULLIVAN Clerk of the Commission 3 .':~,~~-", ~ -"" rr .... .. . , FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana, this 22nd day of October, 1990. Rol!fltp K_yor ATTEST: ~.~~ Clerk of the Commission , t -. .) ~ . . . . 4 >,~.